Korean Job Discussion Forums

[Lost Seoul]

I'm writing this because after browsing the Korean ESL forums for sometime it appears to me that some people have gained the impression that if something is not in their contract they are not entitled to it.

If the Labor Standards Act says you are entitled to something then you are entitled to it, the provisions laid out by the Labor Standards Act take president over any contractual clause.

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http://www.molab.go.kr/English/law/sub_Content1.jsp

Article 22 (Labor Contract contrary to This Act)
(1) A labor contract which establishes conditions of employment which do not meet the standards provided for in this Act shall be null and void to that extent.
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The question is if your employer does not intend to give you something that you are entitled to by law are you prepared to make an issue out of it? Sometimes it may not be worth it, if you are generally happy with your job it may be better not to rock the boat.

[long-term-player]

Well it seems you are out of touch with reality again! I get the impression you are not a teacher, because if you were you wouldn't make such remarks that don't reflect the real world.
So what there is a Labor Law!! Don't you think that the Korean Employer knows that! He also knows the teacher will NOT do anything even if the contract is blatantly wrong, such as holidays for example. If you were a teacher and not some outside observer who posts information that rarely reflects reality, you would know what is really like working down in the coal mine!
And don't you posibly think that there is a rather long complex procedure to follow if you belive the Almighty Labor Law is being breached, or do you think you just say "hey boss, you are breaching the labor Law, so we are going to change things!!" The fact is there are 1000s of teachers who suffer because their boss breaks the so called Law, (even the Epik government breaks the Labor Law, and has done for 7 -9 years, and it still continues) and just saying there is a Law, is next to useless.

The procedure to determine the breach can take 3 - 6 months in case you don't know, which is why the contracts are free to say anything they like.

[Lost Seoul]